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VAC 88-01 � CITY OF HOPKINS APPLICATION FOR: AMENOMENT OF ZONING ORDINANCE pATE: June 1 3, 1988 CONCEPT REVIEW � CONDITIONAL USE PERhiIT CASE N0: 1�� ' —/ SUBDIVISION APPROVAL FEE: C �� VARIANCE J� �l WAIVER OF PLATTING REQUIREMENTS VAc�A7"X��' �( OATE PAID: � - i�/- r��" 1. Street Location of PrOperty: Z15 East Excelsior Avenue, Hopkins, MN 55343 2. Legal Description of Property: see attached letter dated April 26, 1988 with attachments thereto 5 East Excelsior Ave. 3. Owner: Name Red Owl Stores, Inc. Address Hopkins, NII�I 55343 Phone (612)932-213� 4. Applica�t's Name: same Address Phone 5. Description of Request: see attached letter dated A�iL�, tqRR Zoning Oistrict Use � Present Proposed 7. Present Proposed not applicable Parking Lot ( 8. Reason for Request: see attached letter dated April 26, 1988 NOTE: If request is for variance, please also complete attached page. 9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment? (for Zoning Ordinance amendment only) not applicable 10. Exhibits submitted: Map or plat showing the lands proposed to be changed survey previouslv provided Other � 11, Acknowledgement and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Hopkins to take the action herein requested� that all statements herein are true and that all work herein mentioned will be done. in ac- cordance with the Ordinances of�he City gf Nopkins and the laws of the State of Minnesota. Red es ' c. � Signature of Applicant: �� ; t- F�cn a� ed Owl ores, c. � Signature of Owner: B Its Vic_a. Prc��du�t- �inu,v�ce. � RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSION � Application f�;: Vacate portion of Street Case No: VAC88-1 On the �g day of 19 , the action requested in the foregoing petition was approved X disapprove�) subject to the following conditions : CITY COUNCIL ACTION Approved X Denied by the Counci l thi s �_ day of �„��, _ _ 19�. ------� Resolution No: 88_5g Special Conditions : � James D. rrigan Planning R Economic velopment Oirector If you have any further questions as relates to this matter, please call Nancy Anderson , 935-8474, extension 146. � � CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 88-58 RESOLUTION MAKING FINDINGS OF ACT AND APPROVING VACATION OF SIX INCH STRIP OF ADAMS AVENUE WHEREAS, an application for Vacation of a six inch strip of Adams Avenue right-of-way entitled VAC88-1 made by Red Owl Stores, Inc. is approved. WHEREAS, the procedural history of the application is as follows: 1. That an application for Vacation VAC88-1 was filed with the City of Hopkins on June 13, 1988. 2. That the Hopkins Planning Commission reviewed such application on June 28, 1988. 3. That the Hopkins Planning, pursuant to published and mailed notices, held a public hearing on June 28, 1988; all persons present ^ at the hearing were given an opportunity to be heard. 4 . That the written comments and analysis of the City Staff and the Planning Commission were ' considered. NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council makes the following Findings of FAct in respect to VAC88-1: 1. That the land requested for vacation is not needed for public use. 2. That the vacated land is presently not used by the public. Adopted this 19th day of July, 1988. Donald J. Milbert, Mayor ---� . ` � u G � �-��--..'� s 5 June 29, 1988 ° � K � � Council Report: 88-133 VACATION OF STREET - RED OWL STORES, INC. Adams Avenue North Proposed Action. Staff recommends the following motion: Move that the vacation of a six inch strip alonq the vacated Adams Avenue is approved by Resolution 88 58 . Approval of this motion will allow the applicant to clean up a discrepancy in the legal description in the original vacation. Overview. The vacation of Adams Avenue was approved on July 19, 1977. A recent survey of the Red Owl site showed that not all of the right-of-way was vacated. A six inch strip of property still designated as street right-of-way exists between the property line and the vacated street. This was probably an error in the legal description. Red Owl is asking to vacate this strip to avoid any future problems. Staff explained there was a 6 inch error in the legal description when -� Adams Avenue was originally vacated. Red Owl is requesting this vacation to avoid any problems in the future. No one appeared to speak on this matter. The Commission voted unanimously to vacate the 6 inch strip of Adams Avenue by Resolution 88-58. Issues to Consider. o Is there a benefit to the public to retain this six inch strip of land? Supportinq Documents o Location Map o Resolution o Planning Report Nancy S.. Anderson � Community Development Analyst --� � CR:88-133 Page 2 Detailed Background. Red Owl will have to get a Quit Claim Deed from the County to obtain title to the westerly 1/2 of the vacated 6 inch strip. Following the vacation it will be the responsibility of the interested parties to apply for title. Analvsis. - Is there a benefit to the public to retain this six inch strip? This essentially is a housekeeping task. There is no effect to the City or public with this vacation. It appears that there was an error in the legal description when Adams was vacated which has gone unnoticed. Alternatives. 1. Approve the vacation. By granting this vacation Red Owl "-' will have title to the property. 2 . Deny the vacation. By denying this vacation the City will have a six inch right-of-way strip which serves no public purpose. 3 . Continue for further information. If the Commission feels that more information is needed, the item should be continued. ---� . ' � u G -, �'�'� June 20, 1988 y o P K � � y Planning Report: VAC88-1 VACATION OF STREET - RED OWL STORES, INC. Adams Avenue North Proposed Action. Staff recommends the following motion: Move that the vacation of a six inch strit� alonct the vacated Adams Avenue is approved by Resolution 88-58 . Approval of this motion will allow the applicant to clean up a discrepancy in the legal description in the original vacation. Overview. The vacation of Adams Avenue was approved on July 19, 1977. A recent survey of the Red Owl site showed that not all of the right-of-way was vacated. A six inch strip of property still designated as street right-of-way exists between the property line and the vacated street. This was probably an error in the legal description. Red Owl is asking to vacate this strip to avoid any future problems. � Issues to Consider. - Is there a benefit to the public to retain this six inch strip of land? Supporting Documents. - Location Map - Detailed Background - Resolution � ' Nancy . Anderson Commun ty Development Analyst � � VAC88-1 Page 2 Detailed Background. Red Owl will have to get a Quit Claim Deed from the County to obtain title to the westerly 1/2 of the vacated 6 inch strip. Following the vacation it will be the responsibility of the interested parties to apply for title. Analysis. - Is there a benefit to the public to retain this six inch strip? This essentially is a housekeeping task. There is no effect to the City or public with this vacation. It appears that there was an error in the legal description when Adams was vacated which has gone unnoticed. Alternatives. 1. Approve the vacation. By granting this vacation Red Owl "' will have title to the property. 2 . Deny the vacation. By denying this vacation the City will have a six inch right-of-way strip which serves no public purpose. 3 . Continue for further information. If the Commission feels that more information is needed, the item should be continued. --� � � . � ,vutll . ` � ,g;0 '` � . ' ��5 � �\_� . �, � \ �.: � � �.i� �� do}K�ele�` '�, � �pp��°��,. � �aN q� .�� ,�. � 2 y9� ��eal �� 6 3.• � � \ -y'o��a a�� ti�,lv �� 3� a p G ` '� � o�y��El� � � _,�, -��i'9 � ; d ,_. : - `� - ,. ---, : N �J�� `��:�� ':'s c�e ��' �rt ^ � � ? � s _ :> � •� • � � � c� u ...:: atj\'� � � �� .,. � � � , o \ � " --� : o � , s 1 � �'�i. � \ p\ X f1 \ \O\ � X1' n O \ �� \ 1 � 0 N \ � --��op �}a��uo� � , \ � � i � 'e�e a a��uo� �e .` \ , -9 R I S + �� .,:.. ` � �,.;,. e _sda}S � M . 1 \`, \ - -oo•se�-- ---- '- � ; r�o„ . • S ___ _ - -- y � ... � z FZ Il: .. ', t`� � � ` � N�a _ I :e' O �j . �� I \`,� )., '��••... , �,o , C e .. 0 1 I � :�� W .I:�; . } �� -+� 1 ` . ' . 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